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What is the Arabic term for 'the competence of the foreign court'?
What is the Arabic term for 'the competence of the foreign court'?
What is the French translation for 'rejection of execution'?
What is the French translation for 'rejection of execution'?
What does 'ordre public' mean in English?
What does 'ordre public' mean in English?
Which of the following means 'facilitate execution' in Arabic?
Which of the following means 'facilitate execution' in Arabic?
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Which term refers to 'International Relations' in French?
Which term refers to 'International Relations' in French?
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What is the term used for 'judgments and orders' in Arabic?
What is the term used for 'judgments and orders' in Arabic?
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What does 'traitement identique' translate to in Arabic?
What does 'traitement identique' translate to in Arabic?
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How do you say 'Legal Regime' in French?
How do you say 'Legal Regime' in French?
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What is the Arabic term for 'ordre public'?
What is the Arabic term for 'ordre public'?
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What is the Arabic translation of 'preuve tranchante'?
What is the Arabic translation of 'preuve tranchante'?
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Which term translates to 'compétence internationale du tribunal'?
Which term translates to 'compétence internationale du tribunal'?
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What is the French term for 'معاملة بالمثل'?
What is the French term for 'معاملة بالمثل'?
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What does 'à la compétence judiciaire' translate to in Arabic?
What does 'à la compétence judiciaire' translate to in Arabic?
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Translate 'confirmer cette opinion' to Arabic.
Translate 'confirmer cette opinion' to Arabic.
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What does 'competence locale' refer to in Arabic?
What does 'competence locale' refer to in Arabic?
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Translate 'Actions ou procedures' to Arabic.
Translate 'Actions ou procedures' to Arabic.
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What is 'questions sur requête ou en référé' in Arabic?
What is 'questions sur requête ou en référé' in Arabic?
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What is the Arabic term for 'Application des règles étrangères'?
What is the Arabic term for 'Application des règles étrangères'?
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What is the English term for 'إختصاص دولي'?
What is the English term for 'إختصاص دولي'?
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Which term refers to 'حكم بالتعويض' in English?
Which term refers to 'حكم بالتعويض' in English?
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What is the translation for 'إعتبارات سياسية'?
What is the translation for 'إعتبارات سياسية'?
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Which English term corresponds to 'محكمة النقض'?
Which English term corresponds to 'محكمة النقض'?
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The term 'conventions' in English translates to which Arabic word?
The term 'conventions' in English translates to which Arabic word?
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Which term refers to 'القانون الدولي الخاص'?
Which term refers to 'القانون الدولي الخاص'?
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What is the English translation for 'حدود'?
What is the English translation for 'حدود'?
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The term 'international competence' translates to which French word?
The term 'international competence' translates to which French word?
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What is the French term for 'legal status of foreigners'?
What is the French term for 'legal status of foreigners'?
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Which term refers to 'effectiveness' in Arabic?
Which term refers to 'effectiveness' in Arabic?
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Study Notes
Akadimia Arabi - Third Year Law College
Final Review: Enforcement of Foreign Judgments
Competence of the Foreign Tribunal
- The lack of reciprocity (انتفاء المعاملة بالمثل) may lead to the rejection of the enforcement of foreign judgments.
- The legal system of the foreign country (نظام قانوني) may affect the recognition of foreign judgments.
- The judge's decision (قاضی التحقیق) may be provisional (وقتية) and subject to conditions (شروط مفروضة).
- The same conditions (ذات الشروط) may be applied to both foreign and national judgments.
Conditions for Enforcement of Foreign Judgments
- The recognition of foreign judgments (إعتراف ضمني) is based on the principle of reciprocity (مبدأ المعاملة بالمثل).
- The foreign judgment must be compatible with the public order (نظام عام) of the country.
- The foreign judgment must not be contrary to the law (قانون واجب التطبيق) of the country.
- The foreign judgment must not be a violation of sovereignty (مراجعة نهائية).
International Jurisdiction
- The concept of international jurisdiction (إختصاص دولي) is based on the idea that a country has the power to adjudicate cases involving foreign elements.
- International jurisdiction is exercised by the court (محكمة أول درجة) with the power to decide on the recognition of foreign judgments.
- The international jurisdiction of a court is determined by the laws of the country (قانون دولة القاضي الأجنبي).
Foreign Judicial Acts
- A foreign judicial act (تصرف قضائي أجنبي) is a decision made by a foreign court (قاضی الأجنبي) that has legal effects in another country.
- The recognition of foreign judicial acts (إعتراف ضمني) is based on the principle of reciprocity (مبدأ المعاملة بالمثل).
- Foreign judicial acts may be subject to the same conditions (شروط مفروضة) as national judgments.
International Relations
- International relations (علاقات دولية) play a crucial role in the recognition of foreign judgments.
- The recognition of foreign judgments (إعتراف ضمني) is based on the principle of sovereignty (مراجعة نهائية).
- Countries may have different laws and procedures (قانون دولة القاضي الأجنبي) for the recognition of foreign judgments.
Conflict of Laws
- Conflict of laws (تنازع القوانين) refers to the situation where two or more laws from different countries apply to the same case.
- The conflict of laws may arise from the differences in laws and procedures (قانون دولة القاضي الأجنبي) between countries.
- The resolution of conflicts of laws (يصالح بين) is based on the principle of reciprocity (مبدأ المعاملة بالمثل).
Consequences of Non-Recognition
- The non-recognition of foreign judgments (رفض التنفيذ) may lead to a lack of trust in the international legal system.
- The non-recognition of foreign judgments (رفض التنفيذ) may violate the principle of sovereignty (مراجعة نهائية).
- The non-recognition of foreign judgments (رفض التنفيذ) may lead to a loss of confidence in international relations (علاقات دولية).
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Description
Review of foreign judgment execution concepts, including court competence, reciprocity, and conditions imposed.